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Copyright Beyond Law

Regulating Creativity in the Graffiti Subculture

By: Marta Iljadica
Media of Copyright Beyond Law
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Published: 17-11-2016
Format: PDF eBook (?)
Edition: 1st
Extent: 328
ISBN: 9781509902019
Imprint: Hart Publishing
RRP: £31.50
Online price : £25.20
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About Copyright Beyond Law

The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright.
The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

Table Of Contents

Panel I: Context
1. Graffiti History and Development
2. Copyright, Creativity and Commons
3. Methodology: Reflections on Fieldwork
Panel II: Form
4. Copyright-Subject Matter
5. Graffiti Rules-Write Letters, Choose Spots
Panel III: Copying
6. Copyright-Originality and Infringement
7. Graffiti Rules-Be Original, Don't Bite
Panel IV: Reputation
8. Moral Rights
9. Graffiti Rules-Don't Go Over
Panel V: Interactions
10. Graffiti Rules and Copyright Law


Copyright Beyond Law: Regulating Creativity in the Graffiti Subculture makes a strong contribution to the intellectual property scholarship by offering a highly illuminating and compulsively readable legal discussion that dares to move outside the boundaries of the law and ask what lessons we could learn from self-governed, outlaw communities compelled to forbear copyright protection” –  James A. Hayes, Osgoode Hall Law Journal

Copyright Beyond Law is the type of book I fantasise about writing. It combines empirical research with structured analysis to present a nuanced view of copyright, cultural norms and IP protection beyond IP rights, with just the right touch of interdisciplinarity. I would have really liked to see images of graffiti in the book, but the author is right to respect her understanding of their copyright. Copyright scholars, sociologists and lawyers involved in graffiti cases will find this book most useful.” –  Nicola Searle, IPKat Blog

“All in all, Iljadica's book manages brilliantly to narrate how graffiti creativity works and is regulated from the inside.” –  Enrico Bonadio, City University of London, European Intellectual Property Review

“Iljadica artfully weaves themes through the book, moving between empirical, historical, quasi-sociological, and doctrinal discussion in a way that rewards a linear reading...Iljadica's work provides much-needed comparative analysis with important implications for assessing the proper role and need for moral rights.” –  Zahr K Said, University of Washington School of Law, The IP Law Book Review

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